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Wrocławski Przegląd Międzynarodowy: Wroclaw international review
ISSN: 1898-0317
International Legal Means and Procedures for Settlement of International Disputes
The article highlights norms and provisions of international legal documents within such international organization as the League of Nations, the United Nations Organization, the Organization for Security and Co-operation in Europe, the Council of Europe, the Organization of American States and the Organization of African Unity (African Union) in terms of means and procedures for the peaceful settlement of disputes. Conventions, declarations, resolutions, protocols, statutes, charters, treaties and other acts can be found among these international legal documents from all continents all over the world. In the process of studying the international legal acts, there are analysed provisions stipulating the use of means and procedures for the peaceful settlement of international disputes. There are also described characteristic features of applying these tools and mechanisms. Besides, it is conducted an analysis of their peculiarities and perspectives for use in practice. Despite a wide range of instruments and mechanisms available for the peaceful settlement of disputes, number of conflicts all over the world is increasing. It may say about their ineffectiveness or about a necessity to develop new concepts, new ideas, new approaches to understanding of conflict and ways of its solution. All peaceful instruments include application of negotiations. Along with that, negotiations as a method to resolve a dispute are not fully discovered and updated. There are no strict and generally recognised rules of conducting negotiations, what participants of negotiations should comply with and what is allowed or not allowed to do while convincing. Researchers of the peaceful settlement of disputes agree on effectiveness and reasonableness of engaging the third, neutral party for dispute resolution. It can be an objective remedy in terms of impartiality and fairness. One more aspect which is taken into account more and more often is prevention. That is to take corresponding measures in advance. When the situation is at the ...
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International health security
In: Yearbook of the Institute of East-Central Europe: Rocznik Instytutu Europy Środkowo-Wschodniej, Volume 21, Issue 2, p. 7-34
The paper proposes the classification of health security as one of the non-military security dimensions of the second generation, determined more by globalization processes than by the end of the Cold War (first generation). The cognitive goal of the article is to identify and analyse the elements of the structure of international health security such as 1) the essence and specificity of securitization of threats to health security; 2) health security threats; 3) the referent object or whom it concerns; and 4) measures to ensure it. Specific to this dimension is the political motivation for its securitization. In the world of interrelated and global mobilities, what is significant for health security is the diversity of the development level, preferred values, and, consequently, the diversity of sensitivity and susceptibility of national healthcare systems to cross-border threats.
General international law as grounds for award in international arbitration
In: Ius Inter Gentes 14
In: Acta Universitatis Wratislaviensis no 3910
New World Order: International Discourse
The nature of cooperation regularly changes under pressure from new calls and threats between the actors of international relations. By means of system analysis and comparison methods, the article discloses the basic theoretical approaches to understanding of the "new world order" phenomenon, which as a result turns into a comprehensive globalization. The article summarizes the modern trends of forming the XXI century international reality, taking into account new actors, their influence on stability and variability of the imperious systems, and analyzes in detail the concepts of modern scientists who form an international discourse on the search for a new paradigm of world order. The study identifies the main characteristics of the world order – legitimacy, the mechanism of change and balance of power. The key shortcomings of the post-war world order have been identified, which include the lack of effectiveness of international organizations at various levels in ensuring the principle of sovereignty for states, respect for borders; imbalance of economic growth between nations; lack of effective sanctions against violators of international law and ensuring the universal rights of citizens; discredited democratic political model, which was recognized as dominant in the post-bipolar era, and so on. Accordingly, there were considered modern approaches to a "new world order" formation, as a result of which it was proposed to take into account the new realities of interdependence that determine the future peaceful coexistence of nations – a balance between freedom of national actors action and international law; balance between legitimacy and power; balance between "regional order" and "international". In general, the international discourse on the search for the "new world order" boundaries is common in the construction of the XXI century multipolar world, the importance of consensus between nations and the legitimacy of new rules for all actors in international relations.
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The role of international courts' decisions in the system of sources of international financial law
The paper deals with the analysis of the legal nature of international courts' decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of crossborder financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the ...
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